Montana Hiring laws & HR compliance analysis

Montana Hiring: What you need to know

Under the Montana Human Rights Act, employers may not make inquiries of or impose qualifications on prospective employees because of race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex, unless the reasonable demands of the job in question require a distinction based on age, disability, marital status, or sex. The law applies to all employers in the state (MT Code Sec. 49-2-101 et seq.).
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Montana's Human Rights Commission has issued regulations concerning medical examinations and inquiries (MT Admin. Rules 24.9.607).
Applicants. Under the regulations, an employer is prohibited from requiring a medical examination or making inquiries of a job applicant for the purpose of determining the existence, nature, or severity of a disability. However, after the employer makes a conditional offer of employment, it can require a medical exam if it is required of all prospective employees for the job, regardless of disability. All information obtained about an applicant's medical condition or history must be treated as a confidential medical record. The regulations are consistent with the requirements of the federal Americans with Disabilities Act (ADA).
Payment. It is unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records of such examination as a condition of employment (MT Code Sec. 39-2-301). Violation of this law is a misdemeanor.
Genetic information. The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees or applicants based on genetic information about employees, applicants, ...

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